R v Davis and Quinn (No 3) [2020] NSWSC 1750

R v Davis and Quinn (No 3) [2020] NSWSC 1750

The audition DVD was inadmissible because it was not relevant under s 55: the weapon used in the video was not the same as the murder weapon and the actions shown did not match those at issue in the case. Even if there was minimal relevance, any probative value was so substantially outweighed by unfair prejudice (risk of the jury conflating the character in the video with the accused during the offence and the sensational nature of the footage) that exclusion was required under s 137.

Jurisdiction
Australia
Judgment Date
07 December 2020
Procedural Posture
Criminal / Voir Dire (evidentiary Ruling During Trial)
Outcome
The audition tape is inadmissible.
Legal Topics
['murder' 'joint Criminal Enterprise' 'self Defence' 'excessive Self Defence' 'admissibility of Evidence' 'probative Value' 'prejudice']
['criminal Law'] ['murder' 'joint Criminal Enterprise' 'self Defence' 'excessive Self Defence' 'admissibility of Evidence' 'probative Value' 'prejudice']

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Procedural Posture

Criminal / Voir Dire (evidentiary Ruling During Trial)

Legal Issues

  1. 1 ["Whether the audition video depicting the accused's weapons skills is relevant and admissible evidence in the murder trial under the Evidence Act 1995 (NSW) ss 55, 56, and 137."]

Ratio Decidendi

The audition DVD was inadmissible because it was not relevant under s 55: the weapon used in the video was not the same as the murder weapon and the actions shown did not match those at issue in the case. Even if there was minimal relevance, any probative value was so substantially outweighed by unfair prejudice (risk of the jury conflating the character in the video with the accused during the offence and the sensational nature of the footage) that exclusion was required under s 137.

Court Disposition

The audition tape is inadmissible.

Orders

  • ['The audition tape is inadmissible.']